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LSDefine

Simple English definitions for legal terms

legal fiction

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A quick definition of legal fiction:

A legal fiction is when a court pretends something is true even if it's not, so they can apply a rule in a different way. This is done to make things easier, fairer, or more just. For example, if a court can't make someone come to court, they might use a legal fiction to make them come by saying they're suing their property instead of them personally.

A more thorough explanation:

Legal fiction is a concept used in law where a court accepts something as true, even if it may not be, in order to apply a rule in a way that is different from its original purpose. This is done to achieve fairness, consistency, or justice.

Let's say a court cannot exercise jurisdiction over a defendant in a lawsuit. In this case, the court may use a legal fiction called "quasi in rem subtype 2 jurisdiction." This means that the court can bring the defendant under its jurisdiction by using the defendant's property to satisfy the claim against them. Even though the subject of the lawsuit is technically the property itself, the owner of the property is treated as the defendant. This is a legal fiction because it allows the court to apply the rule in a way that is different from its original purpose.

Another example of legal fiction is the idea of a corporation being treated as a "person" under the law. This allows corporations to enter into contracts, sue and be sued, and own property, even though they are not actual people.

Overall, legal fiction is a tool used by courts to apply rules in a way that is fair and just, even if it means accepting something as true that may not be entirely accurate.

legal ethics | legal formalism

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Just met my husband in our late 30s after we had both been married and divorced
20:20
But IVF could very well be a factor causing SCAD. Ironic thing, SCAD then kinda makes the thought of IVF ever again terrifying.
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Interesting. Also epidural needles: holy f, thank moms er where for enduring that thang. owchie
20:25
Thing I learned, all the crap women deal with, we should just live for ourselves and sense of purpose and happiness. Kids? Great. No Kids? Also, kinda great.
20:29
That seems perfectly acceptable
20:29
Pack of huskies? Most acceptable IMO.
20:32
:)
Anyone hear from SLS recently?
i don't wanna go to work tomorrow holy shit
KindHocTuah
21:45
hahaha poor
22:19
ya wtf doesnt er body here have a phat trust fund to suck off of?
22:19
just literally get injured and sue or be born at the right time to the right parents, it is literally that simple like??
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my dad paid for my undergrad but he abandoned me at a hospital and sent me to a group home as a child so he owes me
9:24
@bigfatsloth: <3 my night runs into morning all the time
aweee <33 i duno wut u mean by that
CivisRomanus
10:17
is yale done?
CivisRomanus
10:17
*YM joke incoming*
ronniedoeslaw
10:35
I hope this week/month we all get the acceptance letters we’ve been working so hard for
eggan
10:36
@CivisRomanus: You don't get a YM joke.
anyone get an nyu wl or a yet
or are they still pretending like they accept people
@KindHocTuah: rob list
11:42
do you not have a decision from them yet?
11:42
the waitlists all rolled out like end of april
11:46
holy shit r/lsa is filled with misandrists
11:46
anyone see the adcomm gender breakdown analysis?
11:50
seeing so many rebuttals focused on women having higher uGPAs when studies have shown there exists a systemic grading/punishment bias in favor of women from Kindergarten all the way to Undergrad
starfishies
11:57
u guys buying ur school's health insurance?
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yeah. I’m on medicaid now but it only works in state and im moving but wont be able to declare residency there so need to get the school plan
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